Detailed Answer
Under Massachusetts law, to prove another motorist’s negligence in a collision at a traffic signal or exit, you must establish four elements by a preponderance of the evidence: duty, breach, causation, and damages. A motorist owes a duty to obey traffic-control devices, including signals and exit signs. Violating a red light or failing to yield at an exit constitutes a breach.
1. Duty and Breach: Massachusetts General Laws require drivers to obey traffic-control signals. See M.G.L. c. 90 § 14. Running a red light, proceeding on a steady red arrow, or merging without yielding at an exit can demonstrate breach.
2. Causation: You must link the other driver’s breach directly to your collision and resulting harm. Accident reconstruction experts often use scene measurements, skid-mark analysis, and collision dynamics to establish cause.
3. Damages: Document your property damage, medical bills, lost wages, and other expenses to prove compensable harm. Keep repair estimates, medical records, and pay stubs.
Types of Evidence:
- Police Report: Diagram of the scene, statements, and officer’s conclusions.
- Traffic-Signal and CCTV Footage: Public or private cameras often record signal phases and vehicle movements.
- Vehicle Black Box/Dashcam Data: Event data recorders show speed, brake application, and steering inputs.
- Expert Reconstruction: Engineers recreate the crash using physical evidence (skid marks, final rest positions).
- Photographs and Videos: Take wide-angle shots of damage, road signs, markings, and signal heads.
- Witness Statements: Collect contact information and written or recorded accounts from bystanders or passengers.
- Signal Timing Logs: Request timing sequences from the municipality or MassDOT.
- Weather and Road Conditions: Document visibility, lighting, pavement condition, and signage clarity.
Comparative Negligence: Massachusetts applies a modified comparative-fault rule under M.G.L. c. 231 § 85. If you share fault but are less than 50% responsible, you can recover damages reduced by your percentage of fault.
Burden of Proof: You bear the burden to prove negligence by a preponderance of the evidence—meaning it is more likely than not that the other driver’s breach caused your harm.
Disclaimer: This article provides general information under Massachusetts law and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Immediately call 911 and report the crash.
- Preserve all evidence: photos, videos, and vehicle data.
- Obtain the police report and review its diagram and findings.
- Gather witness names and contact details at the scene.
- Request signal timing logs from the local traffic authority.
- Consider hiring an accident reconstruction expert early.
- Track all expenses related to your injuries and vehicle repairs.
- Consult an attorney before giving recorded statements to insurers.